Understanding Misdemeanors in Michigan

In Michigan, criminal offenses are categorized as either felonies or misdemeanors. Felonies are serious violations, punishable by imprisonment for over a year or specifically designated as such by law. Misdemeanors, conversely, are lesser offenses, not legally defined as felonies, and typically involve lighter penalties, including jail time of one year or less.

The Michigan Code of Criminal Procedure does not use the specific term "Class A misdemeanor" to classify the highest-level misdemeanor. This designation is commonly used in other jurisdictions (sometimes referred to as "Class 1" or "Level A") to denote the most serious category of misdemeanors, typically carrying the maximum possible jail sentence for a misdemeanor offense.

Michigan classifies misdemeanor severity primarily by the maximum potential jail sentence. The most severe misdemeanors, equivalent in seriousness to a "Class A" misdemeanor elsewhere, are punishable by imprisonment for not more than 12 months (1 year). Lesser offenses are defined explicitly as minor offenses, which are misdemeanors or ordinance violations where the maximum permissible imprisonment does not surpass 92 days, and the maximum fine does not exceed $1,000.

Examples of Misdemeanors in Michigan

Michigan law outlines a range of minor offenses and more serious non-felony crimes that qualify as misdemeanors, focusing on acts that harm individuals or property. The offenses include the following:

• Simple assault under Michigan Compiled Laws (MCL) 750.81, which applies when no weapon is involved, and no serious injury occurs.
• First-offense driving under the influence (DUI) as outlined in MCL 257.625, which applies when a driver exceeds the legal blood alcohol limit without causing an accident or injury.
• Retail fraud in the second degree, covering theft of property valued between $200 and $1,000.
• Third-degree child abuse (when the harm inflicted is intentional but not severe).

These offenses encompass acts of personal violence, traffic violations, and property crimes, demonstrating how everyday misconduct may rise to the level of serious misdemeanors under state law. For detailed information about a misdemeanor case that was filed in Michigan, individuals may consult older Michigan Criminal Court Records.

The following table summarizes some misdemeanor examples:

Penalties for a Misdemeanor in Michigan

A misdemeanor conviction in Michigan may result in a sentence that may include a fine, probation, community service, or a term in jail. When no specific punishment is prescribed by Michigan law, a misdemeanor is generally punishable by incarceration for not more than 90 days or a fine of not more than $500, or both. For more serious misdemeanors, the maximum imprisonment may be up to one year.

Courts possess the power to adjust sentences based on circumstances. Still, a rebuttable presumption favors sentencing individuals convicted of non-serious misdemeanors to a fine, community service, or another non-jail, non-probation sentence. Judges may depart from this presumption if they find and state reasonable grounds on the record. If probation is imposed, the term generally cannot exceed two years and may include imprisonment in county jail for up to 12 months. Convicted persons must also be ordered to pay a minimum state cost of at least $50. If properly documented, the court must order the defendant to pay restitution to the victim.

For certain vehicle offenses, non-compliance with court orders may trigger license suspension, and the sentence may mandate vehicle immobilization.

Probation and Alternative Sentencing Options in Michigan

Non-custodial sentences, such as fines, community service, or other non-jail or non-probation sentences, are widely available for misdemeanors (except for serious misdemeanors). If probation is imposed, the period generally cannot exceed two years for a non-felony offense. Mandatory probation conditions require the individual to refrain from violating criminal law, receive court consent to leave the state, report regularly to a probation officer, and pay minimum state costs and restitution to the victim.

Courts may impose optional, individually tailored conditions, which include house arrest, electronic monitoring, mental health or substance abuse treatment/counseling, or participation in a community corrections program. Community service is a common alternative sentence, with, for example, a limit of not more than 80 days for misdemeanor convictions under MCL 750 concerning vulnerable adults.

Courts may also employ delayed sentencing for up to 1 year, which may include participation in a specialized program such as a drug treatment court. In some circumstances, proceedings may be deferred without entering a judgment of guilt for offenses such as domestic assault or certain violations committed due to being a victim of human trafficking. Restitution must be ordered to the victim if properly documented. Eligibility for specific programs and the precise details of the sentence invariably vary by county and case-specific circumstances.

Can a Misdemeanor Be Expunged or Sealed in Michigan?

Yes. In Michigan, individuals convicted of misdemeanors may have their records removed from public access through a process known as a "set aside", commonly referred to as expungement. Setting aside a conviction clears it from most public records, providing a "clean slate" to apply for jobs, housing, or school without the conviction holding them back. While the public record is cleared, a non-public record remains accessible to law enforcement agencies and courts for specific purposes.

Eligibility for expungement has been significantly expanded by the 2021 "Clean Slate" laws. Under these expansions, there is eligibility for an unlimited number of misdemeanors. Eligibility rules and waiting periods are strict, and not every crime qualifies for expungement. Assaultive crimes, serious misdemeanors, crimes of dishonesty, and specific traffic offenses like convictions for Operating While Intoxicated (OWI) that caused injury or death are ineligible for a set aside. Eligibility requirements, including the length of the waiting period, differ based on the severity and number of convictions.

Long-Term Consequences of a Misdemeanor Conviction

A misdemeanor conviction in Michigan brings enduring consequences that affect multiple areas of an individual's life, including job prospects, living accommodations, professional certifications, gun ownership rights, and immigration status. Therefore,

• Employers may reject applicants whose records appear in the Michigan State Police ICHAT system.
• Professional licensing boards, governed by the Occupational Code (MCL 339.101–339.2919), deny or revoke credentials for misdemeanors involving moral turpitude. This impacts professionals such as nurses, educators, and barbers.
• Landlords utilize criminal history to refuse rental agreements, particularly in high-demand housing markets.
• Federal law (18 U.S.C. § 922(g) (9)) and MCL 750.224 bar firearm possession after domestic violence misdemeanor convictions.
• Non-citizens face deportation or denial of naturalization under the Immigration and Nationality Act if the offense qualifies as a crime of moral turpitude.

What to Do if You’re Charged with a Misdemeanor in Michigan

Michigan courts process misdemeanor charges through a structured set of steps that defendants must navigate carefully to protect their rights. The steps include the following:

• Prosecutors file a complaint or citation, which serves as the formal charge, and the court assigns a case number upon receipt of the document.
• Defendants receive notice via warrant, summons, or arraignment date. Failing to address these notices may result in bench warrants or additional penalties.
• At arraignment, judges inform defendants of the charges and their rights, including the right to counsel.
• Defendants enter a plea (guilty, no contest, or not guilty). A not guilty plea triggers bond setting, during which the court considers release conditions; failure to post bond results in custody.
• Defendants gather relevant documentation, such as incident reports or witness statements, to prepare for subsequent hearings. Courts require fingerprints for misdemeanors punishable by more than 92 days, and defendants must comply to avoid delays.
• Pretrial conferences follow, allowing discussions on pleas or amendments to charges, and trials proceed if no resolution occurs (within 77 days for OWI cases).
• Defendants must attend all scheduled dates, as missing them may trigger warrants and result in possible bond forfeiture.

Maintaining contact with the court ensures updates on changes, and courts may offer deferred judgments for eligible offenses, like minors in possession.

Statute of Limitations for Misdemeanors in Michigan

Michigan law sets time limits for prosecutors to file misdemeanor charges, ensuring the timely pursuit of justice. MCL 767.24 establishes that indictments for most offenses, including standard misdemeanors, must occur within six years after the offense is committed. The clock begins on the offense date and pauses if the suspect flees or publicly resides outside the state. Exceptions include identity-theft misdemeanors, where the period begins upon identification of the suspect. Domestic violence and DUI misdemeanors follow the standard six-year rule unless linked to felonies with longer limits.